Car Accident FAQs

Being in a car accident can be an overwhelming experience, and many injury victims may be afraid and confused and not know to whom to call. While the experienced car accident attorneys at J&Y Law Firm are always available to speak with you, here are the answers to the most frequently asked questions about car accidents.

The first thing you should do is stay calm, call the police, and dial 911 if you or someone else has been injured. Also, get the name and contact information of all the other parties involved in the accident as well as any witnesses. If possible, take pictures of the vehicles to document the damage, the accident scene, and the injuries. Finally, do not admit liability because your attorney will need to conduct a thorough investigation to establish the other driver’s fault.

In most cases, auto accident claims are resolved outside of court and settled through a detailed and intricate negotiation with an insurance company. Nonetheless, many insurers try to settle claims quickly and for as little money as possible. If the insurer fails to make an offer for the full value of your claim, we are prepared to litigate the matter in court.

In order to have a successful auto accident claim, it is necessary to collect evidence, such as the contact information of the parties involved and any witnesses, and provide a detailed explanation of how the accident occurred, along with photographs of the accident scene. In this regard, the reports of law enforcement will also serve as important evidence in your claim.

After an accident, you may feel fine, only to have injuries surface days, weeks or even months later. For this reason, you should consider seeing a doctor even if you don’t believe you were injured. A doctor can recognize injuries that are not immediately apparent to you and alert you to warning signs of injuries that may arise. By failing to have your injuries treated within a reasonable amount of time, you may forfeit your right to recover damages for future medical costs. In any event, never settle a car accident claim until a doctor has examined you and advised you of the extent of your injuries.

A medical records release should only be signed under limited circumstances, after consulting with an experienced personal injury attorney. If an insurer obtains your medical information, it could affect your claim. The insurer may argue that your injuries were not that serious, for example, or that they were related to a preexisting condition.

Do not accept any blame for an accident since there are often many factors involved. If an investigation determines that you are partially at fault, you may still be entitled to compensation. It is important to note that California uses a system of pure comparative negligence to determine liability in a car accident case. This means that each person who is found to be at fault for a car accident is liable for his or her portion of the fault. If it is determined that you were 20 percent at fault for the accident and otherwise eligible for a $100,000 settlement, for example, the settlement would be reduced to $80,000 (or 80 percent of the original settlement amount).

California’s seat belt law requires both drivers and passengers to wear seat belts when a vehicle is in motion. Nonetheless, if you fail to buckle up and are injured in an accident, you may still be entitled to compensation from the at-fault party. Because California is a comparative fault state, however, your settlement will be reduced by your assigned percentage of fault. You may also be ticketed by law enforcement at the scene for not wearing a seatbelt.

You should not speak to another insurer or accept a settlement offer before you consult with an experienced car accident attorney. If you accept a settlement offer too soon, you may not receive the full value of your claim. An attorney can advise you of the true value of your claim and negotiate a settlement that compensates you for any future injuries and medical expenses.

In California, insurance carriers are required to offer underinsured motorist insurance (UIM), which is designed to cover the costs of bodily injury if you are involved in an accident with a driver whose coverage is not enough to pay for damages. The benefits are limited to the amount of your personal liability coverage and do not include property damage.

If you are injured in an accident with an uninsured driver, you can file a claim with your insurance company provided that you have uninsured motorist coverage. California law requires auto insurance companies to offer uninsured coverage to all motorists. If you refuse to obtain this coverage, you must sign a written waiver. There are two types of uninsured motorist coverage:

• Uninsured motorist bodily injury (UMBI) – Designed to cover injuries to you and any person in your car in an accident with an uninsured driver who is at fault. The benefits cannot exceed the amount of your personal liability coverage.
• Uninsured motorist property damage (UMPD) – Pays for the damage to your car from an accident with an uninsured driver who is at fault, but it is limited to $3,500 and only pays if the uninsured driver is identified.

The California Insurance Code defines an uninsured motor vehicle as one not covered by a liability insurance policy, including a vehicle where coverage is denied, such as for an excluded driver or a stolen vehicle. If you are involved in a hit and run accident and the owner cannot be identified, that vehicle is also considered uninsured. Finally, a vehicle can also become uninsured if the insurance company goes out of business while your claim is pending.

Our experienced car accident attorneys have a proven track record of helping our clients obtain meaningful compensation. We leverage our legal knowledge and negotiating skills to make sure insurance companies offer fair and reasonable settlements. If an insurer refuses to cooperate, we are fully prepared to litigate your case in court. If you or a loved one has been injured in a car accident, call our office today for a free consultation or complete the contact form on our website.